Strike 3 Holdings, LLC v. John Doe subscriber, assigned IP address 68.132.15.21

Summary

The United States District Court for the Eastern District of New York grants Strike 3 Holdings, LLC leave to serve a Rule 45 subpoena on Verizon Fios to identify the subscriber associated with IP address 68.132.15.21 before service of process and a Rule 26(f) conference. The order imposes protective conditions, including notice to the subscriber, a 60-day period to challenge the subpoena or seek anonymous litigation, attorneys’-eyes-only disclosure, and restrictions on settlement contact and use of the information.

Holdings

1. Good cause existed under Federal Rule of Civil Procedure 26(d)(1) to permit Plaintiff to serve a Rule 45 subpoena on the Internet service provider to obtain the name and address of the subscriber associated with the specified IP address.
2. Leave to serve the Rule 45 subpoena was granted subject to conditions requiring ISP notice to the subscriber, a 60-day opportunity to challenge or seek anonymous treatment, attorneys'-eyes-only disclosure, limits on the information sought and its use, preservation of responsive information, and restrictions on pre-service contact and settlement discussions.

Questions Presented

1. Whether good cause existed under Federal Rule of Civil Procedure 26(d)(1) to permit expedited discovery before service of process and the Rule 26(f) conference.
2. What protective conditions were necessary before Plaintiff could subpoena the Internet service provider for the Doe defendant's name and address.

Disposition

other